Opinion
No. 1 CA-CR 20-0315 PRPC
12-01-2020
STATE OF ARIZONA, Respondent, v. ROBERTO HERNANDEZ LOPEZ, Petitioner.
COUNSEL Roberto Hernandez Lopez, Florence Petitioner Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Maricopa County
No. CR2012-103865-001
The Honorable Dawn M. Bergin, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Roberto Hernandez Lopez, Florence
Petitioner
Maricopa County Attorney's Office, Phoenix
By Amanda M. Parker
Counsel for Respondent
MEMORANDUM DECISION
Presiding Judge Samuel A. Thumma, Judge D. Steven Williams and Judge David D. Weinzweig delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Roberto Hernandez Lopez seeks review of the superior court's order denying his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is petitioner's second petition.
¶2 Absent an abuse of discretion or error of law, this court will not disturb a superior court's ruling on a petition for post-conviction relief. State v. Gutierrez, 229 Ariz. 573, 577, ¶ 19 (2012). It is petitioner's burden to show that the superior court abused its discretion by denying the petition for post-conviction relief. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011) (petitioner has burden of establishing abuse of discretion on review).
¶3 We have reviewed the record in this matter, the superior court's order denying the petition for post-conviction relief, and the petition for review. Petitioner has not established an abuse of discretion.
¶4 For the foregoing reasons, we grant review but deny relief.